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Wi ld F i sher ie s Managemen t Branch
Depar tmen t o f Pr imary Indus tr i e s , P a r ks , Water & Env i ronmen t
Tasmanian Abalone Fishery Report to the Minister on Proposed
Alterations to the Abalone Fishery
Management Plan
September 2019
2
Report to the Minister
This report on the consultation process and representations made under sections 54 of the Living
Marine Resources Management Act 1995 (Act) for alterations to the Abalone Fishery Management
Plan (the Fisheries (Abalone) Rules 2011) has been prepared by the Department of Primary Industries,
Parks, Water and Environment in accordance with section 55 (1) of the Act.
The Act specifies a number of steps to be followed when altering a management plan. After the
Minister approves an alteration to a management plan recommended by the Secretary, a public
notice must notify that the management plan is to be altered and that written representations may
be submitted in relation to any proposed alteration. The period during which representations may
be made is for at least a month period from the date on which the notice is first published.
The Secretary must forward to the Minister a report containing a summary of the public consultation
process and each representation received. Finally, the Secretary must make a recommendation as
to whether the management plan should be altered.
Dr Ian Dutton
Director (Marine Resources)
(Delegated authority under section 20 (2) of the Act)
September 2019
Author: Wild Fisheries Management Branch
Publisher: Department of Primary Industries, Parks, Water and Environment
Date: August 2019
© Crown in Right of the State of Tasmania
3 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Contents
INTRODUCTION 4
Consultation 5
Submissions received 6
GENERAL THEMES OF SUBMISSIONS 8
Stock Status 8
Commercial Fisheries Management 9
Recreational fishing, policy and social value 10
Indigenous fisheries policy 11
Compliance 11
Community engagement 11
PROPOSED ALTERATIONS AND CONSIDERATION OF SUBMISSIONS 12
1. Bag, possession and boat limits 12
2. Maintaining restricted access to abalone for non-fishers 17
3. Enhancing recreational enjoyment – allowing limited consumption of abalone at sea 18
4. Minimum age of licence holders and possession deeming provisions 19
5. Protecting undersize abalone – measuring devices, procedures and tools 20
6. Enhancing compliance - restricting the take of abalone to daylight hours only 23
7. Commercial fishery operational matters - amending the Northern Area definition 25
8. Commercial fishery operational matters – designated ports and landing areas 26
9. Administrative matters and further comments 27
Attachment 1- IMAS Research Advice 28
Attachment 2: Analysis of Submissions - charts 30
Attachment 3: TARFISH Submission 36
Attachment 4: TACL Submission 38
4
Introduction The Living Marine Resources Management Act 1995 (Act) allows for management plans to be made for
fisheries and requires that they are reviewed periodically. This review is for the current
management plan for the Tasmanian abalone fishery, namely the Fisheries (Abalone) Rules 2017.
The primary aim of the 2019 review is to address risks of localised depletion, improve fish handling
practices and address compliance risks in the non-commercial fishery (recreational fishery and an
Aboriginal person engaged in an Aboriginal activity).
Some issues such as compliance and handling also apply to the commercial fishery.
The key initial proposals and final recommendations are summarised below, and include:
Changing the bag limit from 10 to 5, the possession limit from 20 to 10 and introducing a
boat limit of 15 abalone.
Recommendation after consultation:
Change bag limit from 10 to 5 in the Eastern Region only.
Implement proposed Statewide possession limit change from 20 to 10.
Implement boat limit in the Eastern Region only using the formula 5 times the bag limit i.e
Eastern Region boat limit of 25.
Changing the possession limit for non-fishers from 5 to 2.
Recommendation after consultation:
Implement proposal.
Allowing the holder of a fishing licence (recreational abalone) or an Aboriginal person
engaged an Aboriginal activity to shuck one abalone per day on a boat.
Recommendation after consultation:
Implement proposal.
Deeming any abalone in the possession of a child less than 10 years old to be possessed by
the supervising adult.
Recommendation after consultation:
Implement proposal.
Defining a measuring device and tools for taking abalone.
Recommendation after consultation:
Implement proposal, however, allow a narrower abalone iron and knife. State that Aboriginal
personss engaged in an Aboriginal activity are not required to use defined tools. i.e they may use
traditional devices.
Prohibiting the take of abalone between sunset and sunrise (i.e. night time).
5 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Recommendation after consultation:
Implement proposal.
Opportunistic administrative and minor amendments, including commercial fishery
operational matters defining several area definitions and designated ports.
Recommendation after consultation:
Implement proposals.
Consultation
These proposals have been developed with ongoing consultation with the Recreational Fishery
Advisory Committee (RecFAC) meeting since August 2017. As part of a preliminary public
engagement process, the Department discussed compliance and localised depletion risks and
potential for recreational abalone catch limit reductions at Smithton and Burnie Recreational
Fisheries Forums in March 2019; and with attendees at AgFest during 2-4 May 2019.
The proposals were then approved for release as draft amendments to the management plan. The
amended rules together with a plain language information paper was formally released for
consultation on 28 June 2019 for one month, closing on 28 July 2019.
Consultation processes relating to the public exhibition process included:
The draft amendments to the Abalone Fishery Management Plan and an Information Paper
were released for public comment on 28 June 2019. Public notices notifying the public of the
review and the submission process were published in the Tasmanian Government Gazette and
in major Tasmanian newspapers on 28 June 2019.
An online submission form provided an easily accessible submission process seeking
support/non-support and comment on the proposals. Respondents indicated whether they
harvested abalone from the shore/boat; by snorkel/scuba/hookah; their view about the status
of the resource; compliance; as well as providing alternative numbers to the proposed catch
limits.
The respective peak fishing bodies, the Tasmanian Association for Recreational Fishing
(TARFish) and the Tasmanian Abalone Council Limited (TACL) were notified and sent the
papers the day prior to the release.
Information about the review was published on the Department’s website. Announcements
about the review were made via the Tasmanian Fisheries Facebook page (reach over 7,500)
and the DPIPWE fishing news email subscription service (over 25,000 recipients).
6
As abalone are important to the Tasmanian Aboriginal people, emails were sent to recognised
Aboriginal Organisations who were encouraged to further distribute the information.
The review was mentioned in various social media sites and on radio. A Department Officer
outlined the main points of the review on the ABC Country Hour.
Around 250 holders and supervisors of a fishing licence (abalone dive) (i.e. commercial abalone
divers) were notified of the release of the rule amendments for public comment including
where a copy of the Information Paper and draft amendment rules could be obtained. In
addition, some 200 abalone quota holders were e-mailed the notification.
Copies of the draft amendment rules and Information Paper were made available on the
Department’s website, and the licensing counter on the 1st floor of the Marine Board Building.
The period for the receipt of written submissions to the DPIPWE closed on 28 July 2019,
complying with the statutory requirement that alteration to management plans be publicly
exhibited for at least one month.
Submissions received
During the public comment period, 635 written submissions were received. The majority of
respondents used the Department’s online response form to indicate support or disagreement and
to provide comment.
Submissions were received from the relevant peak fishing bodies, Tasmanian Association for
Recreational Fishing (TARFish), and Tasmanian Abalone Council Limited (TACL).
Submissions were received from the Tasmanian Regional Aboriginal Communities Alliance
(TRACA); Tasmanian Aboriginal Centre, and the Aboriginal Land Council of Tasmania.
Respondents were asked to categorise their interest in the fishery.
572 (90%) submissions indicated their interest was primarily related to the recreational fishery.
Although not all respondents were licence holders, if such an assumption was made, it
represents about 5% of the 11,378 recreational abalone licence holders.
Four charter operators provided submissions.
There were 12 submissions providing an indigenous interest.
Nineteen respondents indicated they had a commercial interest. Two of these indicated
commercial and recreational interest, and two indicated commercial and indigenous interests.
One submission requested that their name be treated as confidential due to business interests. This
has been included in analysis, general comments included.
A copy of submissions from peak fishing bodies and key background information, such as research
advice, is at the back of this document.
A summary of submissions has been considered by the Department, the Recreational Fisheries
Advisory Committee (RecFAC) and the Abalone Fishery Advisory Committee (AbFAC). Both FACs
were provided a copy of a spreadsheet file of each submission with personal information removed.
The consultation process is not considered a ‘vote’ or ‘poll’. The merit and diversity of views are
considered as are the submissions’ rationales and representations. Information and data in this
report provides the basic level of support or opposition together with written comments on the
7 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
content of the submissions received. The Department also sought alternative views including where
any unidentified impact of the proposed changes.
The purpose of this document is to provide a summary of these views, an analysis of the responses
and the major themes and FAC recommendations. The Department provides a discussion and
outline of issues and its final recommendations.
A copy of all the submissions will be published on the Department’s website at
www.fishing.tas.gov.au/abalone-review at the same time this report is published. The publishing of
these submissions is in accordance with Tasmanian Government policy as outlined in the Information
Paper.
ACRONYMS
Tasmanian Association for Recreational Fishing (TARFish)
Recreational Fisheries Advisory Committee (RecFAC)
Abalone Fishery Advisory Committee (AbFAC)
Tasmanian Abalone Council Limited (TACL).
Living Marine Resources Management Act 1995 (Act)
Total Allowable Commercial Catch (TACC)
Total Allowable Catch (TAC)
8
General themes of
submissions This section provides additional information on themes raised in the submissions during the
consultation process. Most of these were from recreational fishing interests along the lines of:
Recreational catch is relatively low compared to the commercial sector;
Recreational restrictions will not lead to sustainability improvements;
Commercial take should be reduced;
Compliance - additional enforcement should be undertaken rather than restricting the
recreational sector; and
The social and community benefit of recreational fisheries needs to be more highly valued and
considered.
Stock Status
The information paper provided an overview of abalone stock status, catch levels and issues including
the reductions in the Total Allowable Commercial Catch, stock declines in parts of the East Coast
with the multiple impacts1 of commercial overfishing in the late 1990’s, habitat loss through
destructive grazing by the long spined sea urchin, and the collective impacts of marine heat waves.
Although a relatively high proportion (42%) of submissions indicated they think abalone have
declined in the areas they fished, a high proportion of all submissions indicated that the recreational
fishery was not part of the problem (risk) or the solution, and therefore they see the catch
reductions as unwarranted.
The Institute for Marine and Antarctic Studies (IMAS) has provided additional written information
relating to the abalone stock status and relevance of recreational catch (see appendix) as well as
briefing recent RecFAC and AbFAC meetings outlining the seriousness of stock concerns on parts
of the East Coast, particularly north of Cape Pillar to Bicheno.
Localised depletion risks in abalone fisheries are high compared to other fisheries due to their
lifecycle and biology. There is effectively no adult emigration of abalone outside local areas, and as
abalone have larval stages of only several days there is effectively no larval export. Larger abalone
have significantly more eggs and viable offspring with density and aggregation/clumping (‘a patch’ of
abalone) appearing to be important for spawning success. Local populations rely on localised
recruitment, and once stock levels are fished down in an area it takes many years to
recover. Unlike other fisheries, rejuvenation does not come from other areas.
1 Mundy, C and McAllister (2018), Tasmanian Abalone Fishery Assessment 2017, tech report. Institute for Marine and
Antarctic Studies (IMAS).
9 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Commercial Fisheries Management
Many submissions from recreational interests conveyed views that additional management should
be placed on the commercial sector rather than the recreational sector. In contrast, the submission
from the TACL emphasised the stock declines and outlined the major management responses
already applied to the commercial fishery.
The Information Paper outlined that the
Total Allowable Commercial Catch (TACC)
has been substantially reduced over time
and a complex array of management
operates for the commercial fishery to
maintain sustainability on a statewide and
local level. Adjustments can be made to the
TACC and zone and block catch levels after
a comprehensive assessment of the fishery
each year to sustainably manage2 the fishery.
The TACC has reduced from a medium
term high of 2,660 tonnes in 2010 to 1,333
tonnes in 2019 in response to declining
stock levels (see figure 1).
Management actions have been directed
towards the commercial fishery to address
an East Coast stock decline, with the commercial
harvest being reduced by 95% on most of the East
Coast. When determining the annual TAC, each
fishing block is assigned a nominal contribution to
that catch. The low fishing block allocations for
2019 for the East Coast are shown in figure 1.
More recent advice from IMAS is to consider
closing the East Coast north of Cape Pillar to
commercial fishing. The Bay of Fires research
area has been closed to commercial and
recreational fishing with no significant signs of
stock rebuilding.
Commercial management such as catch caps,
zones and size limit areas can be applied to
relatively small areas. Adjustments have led to
improvements in many areas and refined
commercial management is ongoing.
2 Details of the fishery and the management framework are documented in the Tasmanian Abalone Harvest Strategy 2018-
2020 published on the Department’s Sea Fishing web pages
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
196
61
96
81
97
01
97
21
97
41
97
61
97
81
98
01
98
21
98
41
98
61
98
81
99
01
99
21
99
41
99
61
99
82
00
02
00
22
00
42
00
62
00
82
01
02
01
22
01
42
01
62
01
8
Cat
ch (
ton
nes
)
Year
Figure 1: Commercial Abalone Catch (tonnes)
Figure 2: Commercial Fishing Block Allocations
(tonnes) - 2019
10
The Information Paper also mentioned that size
limits play an important role in abalone
management. Many size limit zones apply in the
commercial fishery aimed at reflecting the biological
characteristics of abalone in relatively small regional
areas. The recently published Tasmanian Abalone
Fishery – Sustainable Harvest Strategy contains
policy to improve and maintain adequate levels of
recruitment by progressively setting commercial
size limits to protect breeding stock for three years
post maturity, rather than two years.
The Department and AbFAC are developing a
strategy and timelines for implementing more
conservative size limits, as well as considering
additional management options for the East Coast.
RecFAC have indicated their keenness to be involved and suggest that the review of size limits for
the East Coast is dealt with as a matter of urgency, and that appropriate size limits apply to the
commercial and recreational sector to adequately protect breeding stock according to the “three
year rule” in the Abalone Harvest Strategy. RecFAC also stated they do not discount the future
consideration that a closure or other management may be needed for the recreational fishery in
parts of the East Coast.
Recreational fishing, policy and social value
Several submissions, including from TARFish, mentioned better valuing the recreational sector,
better community engagement and need for strategic focus on the abalone fishery and an overall for
recreational fisheries. TARFish and several submissions requested that a formal resource sharing
arrangement should be progressed for the abalone fishery. A Total Allowable Recreational Catch
(TARC) arrangement of 10% of the annual Total Allowance Catch for Abalone or a minimum of 133
tonnes was suggested.
Many recreational fishers expressed their passion for abalone fishing and recreational fishing overall.
Some indicated ongoing frustration with recreational rock lobster restrictions and East Coast rock
lobster management. These and others made comments about erosion of recreational fishing rights
and equity issues.
Many submissions conveyed the view that recreational fishing has little impact compared to
commercial fishing in the context of the statewide catch. The additional research advice provides
background information to explain the significance of the recreational catch in the context of the
biological and recruitment characteristics of abalone. One attribute in terms of localised depletion
risks is that recreational fishers often associate with local areas (such as near shacks, closeness to
home and favourite spots) and may continue to fish in the same area. Commercial fishers, however,
have an economic imperative to move away onto areas that have higher catch rates.
Recreational management and policy is currently incorporated in separate sea fisheries management
processes including for the rock lobster, abalone and scalefish fisheries. These processes seek to
ensure sustainability outcomes for each fishery.
Maps courtesy of Dr Craig Mundy - IMAS
Figure 3: Commercial Abalone Size Limits
- 2019
11 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
The Department is progressing the development of an overarching recreational sea fisheries
strategy, which sets out the vision and goals for the recreational fishery including guidelines for
managing economic, social and sustainability outcomes.
Indigenous fisheries policy
The relatively high number of submissions with indigenous interests compared to other fishery
reviews reflects the importance of abalone to the Tasmanian Aboriginal community. Several
submissions indicated that a distinction is needed between recreational fishing where Aboriginal
personss engage in an Aboriginal activity and Aboriginal cultural and ceremonial activities.
Submissions mentioned the importance of abalone fishing, the connectedness of land to sea, the
importance of local fishing areas, and transfer of culture to Aboriginal children.
The Department recognises the importance of developing Aboriginal fisheries policy.
Compliance
Many recreational fisher submissions suggested that the compliance risks of the existing catch limits
should be addressed by increased enforcement or harsher penalties. 16% of respondents indicated
they think compliance is poor in the fishery. Emerging issues relating to tourist or temporary
residents were raised in many submissions. Suggestions included:
targeted enforcement and communication;
restriction of licences to Tasmanians only;
restrictions on exporting abalone except for the commercial fishery; and
household limits.
Tasmanian Police have provided input at the FACs that lower catch and possession limits play a
significant role in reducing compliance risks.
Community engagement
Several submissions, notably the TARFish submission, suggested more information and a more
strategic approach should have been undertaken leading up to the review. The TARFish submission
suggested the Department had firmly stated outcomes of setting limits rather than identifying issues,
collecting information and proposing solutions. Compliance issues, localised depletion risks and
solutions to address these issues had, however, been discussed at various RecFAC meetings since
2017. The RecFAC supported moving to formal consultation of all proposals for the recreational
fishery.
The Department has undertaken some activities to engage fishers about abalone issues at an early
stage through Fishcare, Agfest and Fisheries Forums. To increase awareness, more comprehensive
information about the stock status and commercial management will be extended to the recreational
sector by DPIPWE. Importantly, the RecFAC has considered the proposals and submissions
received and has made formal recommendations to the Minister which are outlined in this report.
12
Proposed alterations and
consideration of submissions 1. Bag, possession and boat limits
Initial proposal prior to consultation
1(a) Change the bag limit from 10 to 5 per day – [Rule 18(1)].
1(b) Change the possession limit from 20 to 10 (without a receipt). – [Rule 18(3)]
1(c) Introduce a boat limit of 15 abalone. [new sub-rule in Rule 19]
Recommendation after review
1(a) Not implement a change to the statewide bag limit. Confine the change of bag limit from 10
to 5 per day to the Eastern Region only. – [Rule 18(1)]. The Eastern Region to be defined as the
same area as described in the Fisheries Rules (Rock Lobster) 2011.
1(b) Implement the proposal to change the possession limit from 20 to 10 (without a receipt). –
[Rule 18(3)]
1(c) Not implement a statewide boat limit. Introduce a boat limit of 25 abalone for the Eastern
Region Only. [Alter draft sub-rule in Rule 19]
Intent – Set bag, possession and boat limits for recreational fishers and an Aboriginal person engaged in
an Aboriginal activity through balancing a fair day’s abalone catch with sustainability and compliance risks.
Outcome of Public Consultation
Most submissions did not support the bag limit, possession limit reductions or the boat limit of 15.
Many indicated they wanted the current limits to remain the same. There was limited recognition
that changes are warranted.
Many of these commented that the recreational catch is insignificant when compared with the
commercial sector, or indicated doubt that localised deletion risks could be associated with the
recreational fishery. Some other submissions, although supportive, still query whether the
reductions are disproportionate to the commercial sector. Many stated that commercial catch
should be reduced.
Most respondents did not support the proposed bag limit of 5, suggesting it remain unchanged - at
10. Around 10% suggested bag limits between 5 and 10.
Similarly, most submissions suggested no change to the possession limit. Those not supporting the
proposed reduced possession limit commonly suggested possession limits of 5, 15 and 20.
There were more suggestions for alternative boat limits than suggestions for alternative bag limits -
suggesting some support for boat limits but not as restrictive as in the proposal. Around half the
submissions not supporting boat limits suggested alternative limits, many suggested a boat limit using
the rock lobster general formula of five times the bag limit or 20 to 30 abalone.
Reasons for higher catch limits than those proposed included:
13 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Holiday fishing and travel
o Makes it worthwhile to travel (car or boat) to more remote areas.
o Opportunistic fishing, storage of abalone for later use, special occasions.
o Worthwhile to travel from mainland to Tasmania for holidays to take abalone.
Group fishing, gifting and sharing:
o Eg. “Part of the spirit of recreational abalone fishing relates to the social consumption
and sharing of the catch with family and close friends who may otherwise not have
access to the resource.”
o Bag limit/boat limit levers interacting – e.g. boat limit of 20 if bag limit was 7.
Other key comments, themes and suggestions included:
Possession limit and Bag limit should be the same to make enforcement easier and to reduce
fishing pressure on stocks.
Household limits should be considered.
Prohibit recreational abalone being taken outside the State.
Introduce a limited visitor’s licence with reduced bag limits and specified duration.
Consider individual seasonal limits.
Area closures: Close areas or have seasonal or rolling closures. Reduce bag limits for
overfished areas. Provide no-take zones, including the establishment of State marine
protected areas.
Recreational only zones. Comments include commercial closures within 100-200 metres of
the coastline; 500 metres around Stanley, Cloudy Bay and White Beach areas, or a shallow
water closure <10m.
Review size limits – increase minimum size to protect spawning. Others suggested a
maximum size limit recognising that older larger abalone are important. Several mentioned
the North West Zone (above Arthur River) and central- West Zone size limits need to be
reviewed.
Target areas or regions most impacted or where need is greatest: – areas such as King and
Flinders Island are not so impacted therefore keep the current limits for these areas.
Several respondents, including private and dive charter operators said that they carry 8
passengers and the proposed boat limit would make the catch per passenger low. Several
of these indicated they may support a boat limit the same as the rock lobster boat limits i.e
5 times the bag limit.
Need to value the catch more. Discussion about meat return, e.g. five abalone is a sufficient
amount to feed four people. Promote ways to value fish.
Limit to snorkel fishery only or place restrictions on compressed air.
Several submissions commented that the reductions should have been made sooner.
Possession limit of 20 abalone is a commercial amount.
Comments from submissions with indigenous interests included:
Aboriginal people should be able to practice their cultural fishing uninhibited by bag limits.
Aboriginal people engaged in an Aboriginal activity for cultural and ceremonial purposes
should be able to determine what a suitable bag limit is. This is important for the
continuation of Aboriginal practices and allows for the inter-generational transfer of cultural
knowledge whilst maintaining complex kinship relationships.
Tasmanian Regional Aboriginal Communities Alliance (TRACA) stated -
14
“The change to limits will reflect the intent of recreational and Aboriginal fisheries to harvest and consume
catch as a day’s activity, rather than take more than you need. These changes are about slowing down the
amount of daily harvest to consider the impacts that abalone harvest has on the marine environment and
stock limits.”
“...However, it must be clear that these limits do not apply for Aboriginal activities that are aimed at cultural
and ceremonial harvesting of abalone. There should not be regulation ‘creep’ that captures Aboriginal activities
under a broader framework to limit the taking of abalone beyond recreational and Aboriginal fisheries.”
The TARFish submission said that there is no doubt that localised depletion is an issue given the
unique biological characteristics of abalone and suggested more targeted, alternative measures
should be considered instead of statewide bag limit reductions.
The TACL supported the proposed statewide proposals. The TACL submission outlined support
for bag and possession limit reductions for compliance reasons, and because the limits “provided
enough for an average family to enjoy”. They cited there is on average of around 150 – 200 grams
of abalone meat in one abalone, and a bag limit of 5 will provide around 10 entrée serves or 5 main
courses.
RecFAC Recommendation
RecFAC did not support statewide changes to bag limits. However they did recognise the concerns
for abalone stocks on the East Coast and the need for a corresponding management response. That
is, they supported targeting management actions where they are most needed. RecFAC supported
applying the bag limit reduction from 10 to 5 to the Eastern Region (only), and a reduction in the
statewide possession limit from 20 to 10 primarily for compliance purposes saying a possession limit
of 10 reflects a fair and reasonable amount for recreational fishers to possess. RecFAC supported
a boat limit of five times the bag limit.
AbFAC Recommendation
Supported initial proposal. It was not involved in the final recommendation, which was developed
at RecFAC.
Discussion
The initial proposals aimed to maintain reasonable access to abalone for recreational fishers and
Aboriginal people at a level that:
is sustainable and addresses risks of localised depletion;
represents a reasonable day’s fishing or feed of fish;
shares the resource in a fair and equitable manner for today’s fishers and for future fishers; and
does not provide potential cover for illegal fishing (having limits less than an amount considered
approaching commercial quantities).
Over 400 submissions indicated they did not support changes to recreational catch limits. Although
this is a relatively high number in comparison to other fishery reviews, it is not high in the context
of the extensive nature of the review, including that there are over 11,000 recreational abalone
licence holders.
It is not uncommon to receive more negative responses in consultation processes than offers of
support. The Department and RecFAC have considered the comments made in relation to the
15 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
submissions regarding catch limits and a more targeted approach has been taken. This regionalised
approach targets the bag limit reductions and introduction of a boat limit in the Eastern Region only
to address the sustainability issues, and statewide possession limits to address compliance risks.
The parlous state of abalone in parts of the East Coast, risks of localised depletion, and management
actions for the commercial fishery are discussed in a previous section. The commercial catch
allocation in many East Coast fishing blocks is low and there are now suggestions to close parts of
the East Coast to commercial fishing. IMAS research advice states that although the recreational
catch is relatively low on a statewide level, it is significant on parts of the East Coast and stock
recovery could be impeded if recreational catch is not managed at an appropriate level.
There are a range of abalone stock issues in various parts of the State. To a large degree, applying
management actions in the commercial fishery will address sustainability issues. For the East Coast,
because the recreational catch is significant, targeted management actions of a reduced bag limit
from 10 to 5 and introduction of a boat limit of 25 is warranted on sustainability grounds. At this
point in time, this action may not be justified for the West Coast on sustainability grounds alone, or
for limits which are considered appropriate for a reasonable feed. The application of a regional
approach is in line with the suggestion in the TARFish submission of targeting key areas of coastline.
In the future, consultation on social values and concepts of “what represents a reasonable day’s
fishing or feed of fish” during the Tasmanian Recreational Sea Fishing Strategy process may lead to
more informed outcomes.
In relation to boat limits, RecFAC supported this principle but recommended a boat limit formula
of 5 times the bag limit (rather than 3 times), as is used for rock lobster. This was suggested as an
acceptable limit by many of the submissions, including charter operators.
The Department does not support a boat limit using this formula for the Western Region, as a boat
limit of 50 (10 times the Western Region bag limit of 10) is considered excessive and may send a
mixed signal. Also, such an amount is approaching commercial quantities creating a compliance risk.
A boat limit of 25 for the Eastern Region however, does appear reasonable. At this stage a boat
limit is recommended only for the Eastern Region, in line with a targeted management response
towards the stock issue. The further application of boat limits is a topic that also can be considered
in the Tasmanian Recreational Sea Fishing Strategy.
The bag and boat limit reductions are recommended for the Eastern Region. This is from Whale
Head to Port Sorell, the same area as the rock lobster Eastern Region. Consistency over the two
fisheries provides for simplicity and communication, it covers the most popular and accessible fishing
areas and targets management in the desired area. Tasmania Police have stated that they prefer
statewide limits rather than regional rules for ease of enforcement and to avoid confusions that arise
from having different boundaries. The Police requested using the same Regions for rock lobster
because those boundaries have been trialled, tested and established.
This is the first proposed change to abalone catch limits for thirty years. The recommended limits
are more consistent with other jurisdictions (see Table 1). It is considered that five abalone per day
in the Eastern Region will not adversely detract from the overall recreational fishery.
16
IMAS surveys3 indicate that 1 in 5 divers take the current bag limit of 10 with a state-wide average
of 4.5 being taken per day. In parts of the East Coast, northward of Pirates Bay to Eddystone Point,
the average is less than 3 per day.
State Bag limit Boat limit
Tasmania (current) 10 Nil
Tasmania (initial proposal) 5 15
Tasmania (recommended) 5 Eastern Region
10 Western Region
25 Eastern Region.
No boat limit Western Region
Victoria 5 10
South Australia 5 10
Western Australia 5 10
NSW 2 n/a
Table 1: Comparison of recreational abalone catch limits in Australian jurisdictions4
Applying the statewide reduction in the possession limit from 20 to 10 is deemed appropriate to
address the compliance risks.
Compliance risks associated with the high market price of abalone and the ability to take large
amounts of valuable abalone under the guise of recreational fishing were highlighted in the
information paper. Increased policing, reviewing penalties and raising awareness including targeted
education campaigns for culturally and linguistically diverse (CaLD) fishers will also assist.
An Aboriginal person engaged an Aboriginal activity will need to abide by the proposed limits. This
will not affect the issuing of permits for Aboriginal cultural and ceremonial activities.
Given the recreational sector is a significant source of fishing on parts of the East Coast it is
reasonable to reduce the bag limit to limit the recreational catch for sustainability reasons.
Introducing a boat limit for the area and reducing the statewide possession limit will also help attain
this goal and reduce compliance risks.
3 Lyle, J. (2019) Tasmanian recreational rock lobster and abalone fisheries: 2018-19 fishing season. UTAS, 34pp – in press 4 Additional management restrictions including season closures, area closures (close to metropolitan areas) and total
intertidal shore/reef closures4 operating in other states reflect the pressure the resource is under in those states, and
the extent of the mechanisms used to address localised depletion issues associated with abalone.
17 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
2. Maintaining restricted access to abalone for non-
fishers
Initial proposal prior to consultation
2(a) Change the possession limit for a person who is not the holder of a recreational abalone
fishing licence from 5 to 2. [Rule 18(2)]
Recommendation after review
Implement proposed possession limit change from 5 to 2. Note that this rule not apply to an
Aboriginal person who is engaged in an Aboriginal activity, or a person with docket proving
purchase).
Intent – Maintaining access to abalone for non-fishers while balancing compliance risks by setting a
possession limit.
Outcome of Public Consultation
Higher support for reducing non-fisher possession limit than for other restrictions. 52% of
submissions supported the proposal, 34% of submissions did not support it.
Most submissions supported the proposed possession limit of two for non-fishers, 28% suggested
that it remain at five. 5% suggested that non-licence holders should not be able to possess abalone
without a proof of purchase.
Notable comments included: –
If someone does not have a licence they should not be able to possess any abalone.
Need enough to be able to share with extended family and friends.
Some stated that two is not enough for a meal, others stated that two is enough.
A household limit should also apply.
RecFAC Recommendation
Supported initial proposal.
AbFAC Recommendation
Supported initial proposal.
Discussion
No substantial issues were raised during consultation suggesting the proposal be amended.
The rule will allow the gifting of a small amount of abalone for those who are not able to
recreationally fish or purchase abalone.
Part of the spirit of recreational abalone fishing relates to the social consumption and sharing of the
catch with family and close friends who may otherwise not have access to the resource. The extent
of gifting needs to be balanced against sustainability and compliance risks, including illegal sale.
18
Given the value of each abalone and the amount considered adequate for a meal, a possession limit
for non-licence holders of two is recommended.
The prohibition on non-licence holders possessing abalone on state waters will continue as it
prevents fishers catching above their bag limit and transferring their catch to non-fishers.
This rule does not apply to an Aboriginal person who is engaged in an Aboriginal activity as they do
not require a recreational licence.
3. Enhancing recreational enjoyment – allowing limited
consumption of abalone at sea
Initial proposal prior to consultation
3(a) Allow each holder of a fishing licence (recreational abalone) or an Aboriginal person who is
engaged in an Aboriginal activity to shuck one abalone per day on a vessel in State waters,
provided the shell is retained until the vessel returns to port or any abalone are landed.
[Amend Rules 19 and 16]
Recommendation after review
Implement proposal.
Intent – Enhance recreational utility and cultural enjoyment of abalone by allowing the consumption of
abalone on State waters balanced with identified compliance risks.
Outcome of Public Consultation
From submissions, 59% supported the proposal and 21% did not support it.
Many submissions not supporting the proposal indicated concerns about the enforceability of the
rule. Some suggested that people would dispose of shells after consumption thereby manipulating
the system and allowing the taking of undersize and excess abalone.
Several submissions supporting the proposal commented that fishers were already consuming at sea
and supported being allowed to eat their catch at sea with friends. Some suggested that restricting
this to one per licence holder is too restrictive. Not having a limit and just relying on the catch and
boat limit, a number per boat, or 2-3 per licence holder were other suggestions.
RecFAC Recommendation
Supported initial proposal.
AbFAC Recommendation
Supported initial proposal.
Discussion
This change arose from requests from recreational fishers with larger vessels wanting to consume
abalone at sea rather than having to wait and go ashore.
19 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Allowing the shucking of abalone on a boat recognises the enjoyment of consuming recreational
catch. Some submissions suggested that restricting it to one abalone per licence holder is too
restrictive – especially if charter vessels are involved. This activity, whilst increasing the enjoyment
of recreational fishing, can allow unscrupulous fishers to exploit the rules by exceeding catch limits
and not abiding by size limits. Limiting the amount to one per licence holder or Aboriginal person
engaged in Aboriginal activities contains the risks.
4. Minimum age of licence holders and possession
deeming provisions
Initial proposal prior to consultation
4(a) Restrict the age for issuing a recreational fishing licence to 10 years and older.
[New sub rule in Rule 12A]
4(b) Deem any abalone in the possession of a child (less than 10 years) to be possessed by the
supervising adult. [Amend Rules 18 & 19]
Recommendation after review
Implement the proposal.
Intent – Ensure licence holders, fishers and persons possessing abalone are culpable in relation to the rules.
Outcome of Public Consultation
There was a high level of support for this proposal (73%). 15% did not support the introduction of
a minimum licence age. Similar support was received for the deeming provisions (77%) with 12%
not supporting it.
Several submissions, including those with indigenous interests, emphasised that they wanted to
maintain the ability to harvest abalone with children. Comments included:
I taught my kids to snorkel at 7 - 8 years of age, but I think it is fair they wait until 10 to take
abalone under a recreational licence.
If they catch the fish they should be allowed to possess the fish.
The Tasmanian Regional Aboriginal Communities Alliance (TRACA) submission commented:
“On the whole, this submission supports the minimum age requirements and possession deeming for
recreational fisheries, however there needs to be exemptions for Aboriginal fisheries, particularly in
regard to permits for Aboriginal cultural and ceremonial activities, for which this provision will flow
through automatically to the permit requirements, given linkages to the criminal code.”
Several submissions made comments supporting the benefits of supervision including safety,
responsibility and the ability to process or shuck abalone. Some suggested alternative ages for
example: “[The] minimum age should be 15 or 16 years, when the young person has a greater
understanding of right and wrong”.
RecFAC Recommendation
Supported proposal.
20
AbFAC Recommendation
Supported proposal.
Discussion
The minimum age of ten for obtaining a Government issued recreational licence relates to the age
of culpability in the Tasmanian Criminal Code Section 18.
Minimum age requirements also reduce the risk of adults taking out licences for minors to increase
their own catch limits. Similar provisions deeming abalone possessed by a child to be in the
possession of a supervising adult removes the ability to shift responsibility to children. Currently
this provides an avenue to possess more abalone than is considered a reasonable feed, or to possess
a commercial quantity.
These provisions have operated in the rock lobster fishery without any adverse impacts.
An Aboriginal child engaging in an Aboriginal activity will still be able to take abalone (as no licence
is required), however the abalone possession deeming provisions will apply. Permit processes under
section 12 of the Act are still available for Aboriginal Cultural and Ceremonial activities.
5. Protecting undersize abalone – measuring devices,
procedures and tools
Initial proposal prior to consultation
5(a) Define a measuring device. The current rules specify a measuring device must be carried.
This new rule defines a measuring device as: (a) Vernier calliper; (b) Gauge that indicates
the minimum size limits for abalone; and (c) Knife or abalone iron with prominent markings
or extended prongs that indicates the minimum size limits for abalone.
[New definition in Rule 3]
5(b) Remove the requirement for all commercial fishers to measure each abalone immediately
after they are detached from the rock. [Rules 15 (7) b.]
5(c) Prohibit the take of abalone with a tool other than a: (1) A knife which has a blade (excluding the tip) not less than 25 mm in width; or
(2) An abalone iron, which is a broadly flat-bladed, chisel like lever not less than 25 mm
in width. [New Sub-rule in Rule 17]
Recommendation after review
Implement proposals with the following alterations:
Reduce the width of the abalone iron and knife to 18 mm
The defined tools requirement does not apply to an Aboriginal person engaging in an
Aboriginal activity; therefore they may use traditional tools or harvest by hand.
Expand the definition of an approved knife as a commercially manufactured knife that has
a blade width not less than 18 mm wide (excluding 50 mm from the tip)
21 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
Intent – Define what constitutes a measuring device. Define tools which may be used for fishing and
prohibit the use of tools which are likely to result in reducing survival of undersize abalone. Remove the
requirement for commercial fishers to measure every abalone.
Promoting good fishing practices using a combination of legislative and fisher education aims to
minimise damage to and mortality of abalone.
Outcome of Public Consultation
Almost 75% support the definition of a measuring device and there was a low level of non-support
(17%).
The removal of measure-as-you-go requirements for the commercial fishery was a contentious
issue. 70% of submissions did not support the proposal with many expressing concern with the
proposal to remove the requirement for commercial fishers to immediately measure abalone
when removed from the rock. Many respondents conveyed their concern that removing this
requirement will result in commercial fishers bringing undersize abalone back to the boat.
70% of respondents supported the definition of tools. 16% indicated they did not support the
proposal. Several submissions queried the need for rules relating to measuring devices or procedures,
suggesting the onus is on the person to have sized abalone. One queried whether the rules make
more issues for policing as it is more complicated and unnecessary.
Several submissions suggested there is a need for increased education on these matters. One
commented that mandatory measuring and tool requirements are beneficial as it reduces the chance
of divers getting away with pretending they didn't know the abalone was undersize.
Several submissions indicated that removing the measure–as-you-go requirements for commercial
fishers and not recreational fishers is unfair. Others queried whether there may be impacts from
removing the requirement, suggesting it is fine for experienced divers who know what they are
doing, but not inexperienced divers.
Many voiced concerns that removing the requirement will lead to undersize fish being taken to the
boat. In contrast, one commercial fisher supporting the change stated:
“It would be rare for a commercial diver to measure each abalone unless they were unsure of size.
In any event it would be total stupidity for a commercial diver to catch undersize fish, so it's obvious
they would use a measuring device when required but not when abalone were easily identifiable as
oversize.”
Several submissions stated that although they supported the concept of a flat tool, a narrower width
should be considered. One retailer indicated that they supply many forms of diving knives and the
most popular one designed for abalone fishing is 22 mm in width. An ab iron of 18 mm was
mentioned by one commercial diver. A broad blade above 15 mm with correct technique (butter
knives) was mentioned in another submission.
Several respondents queried allowing knives, saying tools should be blunt to limit damage to
undersize abalone. Others suggested banning outright the use of screwdrivers. Several mentioned
that plastic knives such as those in New Zealand could be provided to licence holders.
22
Other submissions wanted more flexibility for devices used to measure or harvest abalone with
comments including:
It is not practical to measure abalone due to the sea conditions.
“I know the length of my knife is approximately 5 mm longer than the limit for black lip abs.
However it's not marked with legal sizes and there's no way I want to carry another device with
me just to measure abs, or get a particular knife with prominent markings.”
“I enjoy diving for abalone spontaneously - ie, after a surf or while kayaking. I have a foldable
homemade measuring device for such times, so I can keep it in my wetsuit. I enjoy this freedom
and would be sad to see it removed, however I understand and support its broader application.”
Allowing homemade devices or marks on knives.
Should have some procedure in place but also give divers the flexibility to use their best tools
for the job.
Several submissions from indigenous interests requested that traditional implements and practices
be allowed to maintain cultural practices. This included the use of wooden wedges and hands.
RecFAC Recommendation
Some discussion whether the initially proposed rule defining the measuring tool was enforceable.
AbFAC Recommendation
Supported proposal.
Discussion
Carrying and using a measuring device is currently mandated in the rules but the device is not
defined. The definition provides a range of devices that can be used, covering most circumstances
raised in the consultation process including markings and prongs on knives and abalone irons which
are also defined tools. Although there is a range of measuring devices, more accurate certified metal
gauges should be used by commercial fishers or by those fishers wanting to fish down to the last
few millimetres of accuracy.
Irrespective of how an abalone is measured or with what device, it is still an offence to possess an
undersized abalone once it is retained. Removing the requirement for commercial fishers to
measure each abalone does not provide a defence for possessing undersize abalone. Fishers should
retain abalone with caution and not necessarily fish down to the exact legal measure. There is no
defence for ‘attempting’ to measure the abalone.
The current rules states that each and every abalone must be measured, even when they are
obviously well above the legal size. The removal of this part of the rule will mean not all abalone
are absolutely required to be measured in the commercial fishery. Commercial divers handle many
abalone and are competent in judging the size after using an instrument to “get their eye in”. The
reality is that commercial divers do not measure all abalone taken now when they are clearly legal
size. The proposal essentially recognises the existing situation but provides no excuses for
subsequently possessing undersized abalone.
The requirement to immediately return undersize abalone to the rock or substrate will still apply.
Removing this procedural requirement does not offer any defence for commercial divers to have
undersize abalone in catch bags or the boat.
23 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
The rule requiring abalone to be measured as ‘as soon as practicable’ after they are detached from
the rock will remain for the recreational fishery. This sets out a mandatory responsible fishing
procedure for fishers of diverse skill levels and is feasible given the amount of abalone that can be
taken by recreational fishers.
Abalone do not have a coagulation agent in their blood so small injuries or cuts can prove fatal.
Ideally, harvesting abalone should be restricted to blunt, chisel-like tools such as ‘abalone irons’
which are specifically designed to make harvesting easier and limit the risk of damage to abalone.
The amendment will prohibit thick devices such as screwdrivers but at this stage it does not fully
prohibit sharp blades because:
Abalone harvesting is often opportunistic and most divers carry knives for safety reasons; and
The emphasis should be on not removing any undersize abalone from the substrate.
The Department will educate fishers about the issue and encourage the sizing up of abalone prior
to removing them from the substrate. The promotion of appropriate tools is considered a good
start to encouraging responsible fishing. In the future, consideration may be given to restricting
knives as is the rule in other states.
In response to consultation, the width of abalone iron and knives has been reduced from a minimum
25 mm blade width to 18 mm. In response from a request from Tasmania Police about clarity in
enforcing the permitted knife specifications, the rule specifies that it must be commercially
manufactured and may be thinner than 18 mm for a distance of 50 mm from the tip of the knife.
The Department will increase awareness of abalone handling issues through its communication
activities including the Fishcare Tasmania Program. This will include purchasing an initial batch of
plastic blunt tipped abalone harvesting tools to demonstrate good harvest techniques.
In response to the submissions from indigenous interests, Aboriginal personss engaged in Aboriginal
activities are not required to use defined tools and may use tools or harvest abalone by hand to
reflect their cultural practices. As size limits are important for sustainability all persons are required
to adhere to the measuring procedures.
6. Enhancing compliance - restricting the take of
abalone to daylight hours only
Initial proposal prior to consultation
6 (a) Prohibit the take of abalone between sunset and sunrise. [Rule 17]
This amendment applies to an aboriginal engaged in an aboriginal activity, recreational and
commercial fishing.
Recommendation after review
Implement proposal, with a minor change, so possession and landing may occur after dark. A
person must not, in State waters between sunset and sunrise, dive or swim for abalone, or
otherwise remove abalone from the water.
24
Intent: Restricting the take of abalone to daylight hours only to enhance compliance.
Outcome of Public Consultation
This measure was also well supported with 77% of submissions in favour including the majority of
commercial submissions.
A few submissions stated that fishers should be able to take abalone when they wanted.
A few not supporting the proposal suggested that more policing is needed.
One queried the times, suggesting that fixed hours of the day be used.
Those supporting the proposal commented:
It has enforcement benefits.
It will have negligible impact on recreational fishers.
Query whether it should apply to an Aboriginal person engaged in Aboriginal activities.
Several respondents queried whether it applies to take only, and whether they will be able to land
abalone if they come in late (for example, possess abalone taken later in the day, and travel back or
unload after sunset).
RecFAC Recommendation
Supported proposal.
AbFAC Recommendation
Supported proposal.
Discussion
Several other states have prohibited taking abalone at night to limit illegal fishing taking place under
the cover of darkness and under the guise of recreational or commercial fishing.
The reference to sunrise and sunset are used in other fisheries rules.
No submissions indicated any adverse impact on the commercial fishery. Abalone diving and fishing
is mainly a daytime activity so there does not appear to be any significant impact by restricting the
fishery to daylight hours where fishing activities can be more easily observed.
Many trips may be completed at night and this measure does not impinge on that practice. As such,
a minor alteration has been made to the proposal so the restriction only applies to the actual take
of abalone through diving or harvesting at night, not possessing or landing abalone.
Aboriginal groups wanting to have dawn or sundown harvesting activities are able to apply for access
through Permits for Aboriginal Cultural and Ceremonial activities.
25 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
7. Commercial fishery operational matters - amending
the Northern Area definition
Initial proposal prior to consultation
7(a) Make an administrative change to reflect the implementation the increased size limit for the
commercial fishery, north of the Arthur River by amending the definition of northern area.
[rule 3, Rule 24(6)(c)].
Recommendation after review
Implement proposal.
Intent - Make several amendments to reflect the operation of the commercial fishery.
The commercial abalone fishery is managed using total allowable catches (TACs), fishing block catch
caps and size limits in different areas of Tasmania, the spatial framework of which can be considered
complicated. For example, there are five TAC parts to the fishery and some ten blacklip abalone
size limit areas.
One boundary is scheduled to be removed in 2020, reflecting the
increase in size limit from 129 mm to 132 mm for blacklip abalone
north of Arthur River in the part of the fishery defined as the
“Northern Area”. Thus, off the north-west coast, the entire area
from Wild Wave River in the south to Albatross Island in the north
will become a single size limit area for blacklip abalone at 132 mm in
2020. To reflect this, the definition of the Northern Area will be
amended, by removing “Arthur River” and replacing it with “Wild
Wave River”. The rule change will apply from 2020, when the new
size limit applies, for the start of the commercial abalone fishing year.
For those who wish to understand the proposed commercial fishery changes contained in this
section in greater detail, please read further background information in the operational information
paper for the commercial abalone fishery for the 2019 fishing year.
Outcome of Public Consultation
Several submissions not supporting the proposal indicate they did not read the paper or were
confused with the explanation.
Several submissions expressed concern about the amount of commercial catch taken from this zone.
Support was received based on increasing the commercial size limit.
One recreational fisher submission – “As talked about before bring size up to 138 mm to protect
the industry it is stuffed in this area and is falling on deaf ears.”
Three commercial submissions indicated they did not support the proposal. One of these queried
that the industry is in decline and “why are you proposing increasing commercial limits?” Ten
commercial interests supported the proposal. No comments were made.
26
RecFAC Recommendation
Supported proposal.
AbFAC Recommendation
Supported proposal.
Discussion
This is largely an administrative change to support decisions regarding changes to size limits and its
progression is recommended.
8. Commercial fishery operational matters – designated
ports and landing areas
Initial proposal prior to consultation
Add Stanley, Smithton and Woolnorth Anchorage as new designated ports where commercial
fishers are allowed to land abalone. [Rule 31]
Amend rules 25(4)(d) and Rule 43(1) for administrative purposes.
Recommendation after review
Implement proposal.
Intent - Make several amendments to reflect the operation of the commercial fishery.
The management plan restricts the landing and transit of abalone in certain zones, specifying
designated ports and landing areas, and prescriptive procedures. The amendments include:
1. Smithton, Stanley and Woolnorth Anchorage are added as designed ports in the Bass Strait
area.
2. A landing area definition for Little Musselroe Bay is added to the list of landing areas, meaning
that the area has a radius of 400 metres rather than 50 metres. This change is to allow divers
to meet processors’ trucks at the junction of Little Musselroe Road.
Outcome of Public Consultation
Eleven of the commercial submissions supported the proposal. One submission cited safety
advantages as less distance needs to be travelled over water.
Several respondents not supporting the proposal queried whether additional landing areas could be
enforced or could increase complexities and cost of enforcement. Several queried whether more
landing areas would increase the commercial catch from inshore areas affecting the recreational
fishing.
RecFAC Recommendation
Supported proposal.
27 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
AbFAC Recommendation
Supported proposal.
Discussion
This is largely an administrative change to support decisions regarding changes to size limits and it
progression is recommended.
9. Administrative matters and further comments
Recommendation after review
Implement proposed rule changes associated with administrative matters.
The review incorporated a number of administrative matters, including reflecting terminology used
in the Act. For example the words an Aboriginal person engaged in an Aboriginal activity is used in the
rules to reflect the Act and are now drafted in the rules. No comments were received about the
rule changes associated with administrative matters.
Matters Raised
Respondents were invited to raise issues not covered as part of the current management plan
process. The key matters raised include:
Household limits
Prohibition on exporting out of Tasmania (unconstitutional)
Inshore closures or recreational only zones
Seasons
Individual season limits
Increase size limits
Reduce commercial catch
Need more targeted enforcement and communication,
Issue a tool to divers so that they can kill sea urchins.
These matters may be considered in compliance, communication and research planning, or future
fisheries management processes; including in developing the following:
Recreational fisheries policy – include resource sharing, recreational only areas, alternative
recreational management tools such as individual season limits.
Indigenous fishing policy
Charter and seafood tourism policy – also include emerging inshore effort/tourism interests
Commissioning surveys – consider increasing survey resolution and questions about abalone
fishing and quality.
Size limits for the commercial fishery in line with the “3 year post spawning rule”; review
recreational size limits.
28
Attachment 1- IMAS Research Advice
CRICOS 00586B
Department of Primary Industries, Parks, Water & Environment
Water and Marine Resources Division
Hobart GPO Box 44,
Hobart TAS, 7001
Re: Concerns on sustainability of the Tasmanian East Coast abalone resource: Contribution of
managed recreational abalone fishing to sustainability.
Recreational abalone catch
In the context of the overall Tasmanian Wild-Harvest commercial abalone fishery of ~ 1300 t,
the estimated 2017/2018 recreational abalone catch of ~22 t (Lyle 2018) could be considered
inconsequential (< 2%). However, the recreational catch is not distributed uniformly across the
Tasmanian coastline, and is also not distributed spatially in the same proportion as the wild-
harvest fishery. In 2019, almost all major abalone fishing grounds are in decline, with a few
exceptions in the south east and Bass Strait regions. Key areas of the recreational fishery (Area
1: South East, Area 2: Maria Island/Freycinet , Area 3: Bicheno/St Helens) yield around two
thirds of the total Tasmanian abalone recreational catch. In the northern part of Area 1, Area
2 and Area 3, the commercial harvest has been reduced by 95% since 2001. Proportionally, the
estimated recreational abalone catch in the East coast areas of concern represents around 5%
of the current commercial fishery, much higher than the estimated recreational catch as a
proportion of the total commercial wild harvest. In Area 2 and Area 3, the estimated
recreational catch has also declined substantially (11.1 t in 2014, 3.4 t in 2017, and 1.42 t in
2018 see Lyle & Tracey 2016, 2017; Lyle 2018). Between Cape Pillar north to Bicheno, the
Commercial catch is now set at 10 t, and there are calls to cease commercial fishing in this
region for a period of time to enable stock recovery. If this large area of the East coast is closed
to commercial fishing, recovery could still be impeded if recreational catch is not managed at
an appropriate level. While there is little interest in closing the recreational fishery, there is
merit in measures that might achieve a reduction in the overall recreational take, by reducing
the total permitted individual harvest level.
Risk of Localised Depletion
Because of the nature of blacklip abalone in particular (slow growing, long lived, limited
larval/adult dispersal) there is considerable risk of substantial localised depletion. In the
commercial wild harvest fishery, divers move on when mean catch rates decline to levels
around 50 Kg/hr due to the economic imperative pay rate based on weight caught rather than
hours fished, and to deliver on commitments to processors to provide a pre-agreed amount
of catch at the end of the day. Recreational fishers face no such ‘move-on’ triggers as the dive
itself is part of the enjoyment, and there is no economic imperative. Consequently, recreational
fishers will and do persist with fishing at densities well below the ‘move-on’ triggers for
29 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
commercial fishers. Thus, in areas where localised recreational fishing pressure is intense, the
risk of localised depletion by recreational fishing escalates.
Interaction between Size Limits, intense local catch, and willingness to fish at low
densities
The current size limits in the commercial abalone fishery are thought to protect no more than
8% of the spawning biomass. With this minimal level of protection (i.e. ~ 92% of spawning
biomass is available to recreational and abalone fishers), catch restraint is the primary method
for ensuring long-term sustainability of the Tasmanian abalone resource. This information
combined with much lower abalone density move-on triggers in the recreational fishery, means
there is a heightened risk of localised and long-term depletion from recreational fishers.
Summary
There are abalone populations in Recreational Fishery Area 2 and 3 that are considered able
to recover without assistance, with many areas considered to require assistance if they are to
recover sufficiently in our life time. The recreational sector could choose to play an important
role in the recovery of these abalone populations in this regional important section of the
Tasmanian coastline by supporting a modest catch reduction. Noting that Lyle (2018) reported
that the average daily abalone catch was 2.7 abalone/day in Area 2 and 2.3 abalone/day in Area
3, and that this is effectively half of the daily catch in 2014 (Lyle & Tracey 2016). If the 7 fold
reduction in overall recreational abalone catch in Area 2 and Area 3, and a 50% reduction in
daily catch over the past 4 years is an accurate reflection of declining stock levels, this is further
evidence of the need for a reduction in recreational possession limits.
References
Haddon, M. & Mundy, C., 2016. Testing abalone empirical harvest strategies, for setting TACs
and associated LMLs, that include the use of novel spatially explicit performance
measures., CSIRO Oceans and Atmosphere, Hobart.
Lyle, J. & Tracey, S. (2016) Tasmanian recreational rock lobster and abalone fisheries: 2016-17
fishing season. UTAS, 40pp
Lyle, J. & Tracey, S. (2017) Tasmanian recreational rock lobster and abalone fisheries: 2016-17
fishing season. UTAS, 34pp
Lyle, J. (2018) Tasmanian recreational rock lobster and abalone fisheries: 2017-18 fishing
season. UTAS, 38pp
Sincerely
Dr Craig Mundy
30/07/2019
30
Attachment 2: Analysis of Submissions - charts
Category of submissions Category count % Charter operator 4 1% Commercial 14 2% Commercial and recreational 3 0% Community/Fish consumer/Enviro Science 5 1% Environmental NGO 1 0% indigenous 9 1% Indigenous commercial/recreational 2 0% Indigenous/recreational 1 0% not indicated 20 3% licence holders
Political Party 2 0% 11,378
Recreational 572 90% 5%
Grand Total 633 100% In addition Submissions were received from the peak bodies TARFish and TACL.
277, 46%
100, 17%
219, 37%
shore/boat diving for abalone
a boat
a boat;#theshorethe shore
124, 21%
15, 2%
71, 12%
308, 52%
42, 7%
13, 2%
22, 4%
Method for taking abalone
hookah
hookah;#SCUBA
SCUBA
snorkel
343, 59%
43, 7%
201, 34%
Targeting or opportunistic harvestI target abalone whendiving
I target abalone whendiving;#I tend to only takeabalone when diving forother reasons
I tend to only takeabalone when diving forother reasons
31 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
248, 42%
40, 7%6, 1%1, 0%
285, 48%
10, 2% Stock Viewdeclined
improved
improved;#remainedthe sameimproved;#remainedthe same;#declinedremained the same
remained thesame;#declined
242, 41%
4, 0%
248, 42%
4, 1% 94, 16%
Compliance
fair
fair;#poor
good
good;#fair
poor
(blank)
431, 70%20, 3%
170, 27%
Bag limit of 5.
Do not supportNeutral/Not sureSupport(blank)
0
100
200
300
400
1 2 3 4 5 6 7 8
10
15
20
30
(bla
nk)
Suggested Bag Limit
Total
32
364, 59%
47, 8%
206, 33%
Count of Possession limit from 20 to 10.
Do not support
Neutral/Not sure
support
(blank)
0
50
100
150
200
250
300
Count of Suggestedpossession limit
Suggested possession limit(%)
413, 68%47, 8%
148, 24%
Boat limit of 15 .
Do not support
Neutral/Not sure
Support
(blank)
020406080
100120140
Total
Total
33 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
204, 34%
85, 14%
312, 52%
Non-fisher possession of 2.
Do not support
Neutral/Not sure
Support
(blank)
050
100150200250300350
Suggested non-fisherpossession limit.
%
130, 21%
122, 20%357, 59%
Consumption at sea..
Do not support
Neutral/Not sure
Support
(blank)
93, 15%
72, 12%
441, 73%
Minimum age of licence holders
Do not support
Neutral/Not sure
support
(blank)
34
72, 12%
67, 11%
466, 77%
Possession deeming provisions (< 10 years)
Do not support
Neutral/Not sure
Support
(blank)
103, 17%
54, 9%
452, 74%
Measuring device definition.
do not support
Neutral/Not sure
Support
(blank)
405, 67%
86, 14%
115, 19%
Remove requirement commercial fishers to measure immediately
Do not support
Neutral/Not sure
Support
(blank)
99, 16%
85, 14%
424, 70%
Abalone tool definition
do not support
Neutral/Not sure
Support
(blank)
35 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
74, 12%
65, 11%
467, 77%
Night time closure - Sunset to sunrise
Do not support
neutral/NotsureSupport
81, 13%
227, 38%
291, 49%
Designated ports and landing areas ()
Do not support
Neutral/Not sure
Support
(blank)
54
245, 41%299
Northern Area definition ()
Do not support
Neutral/Not sure
Support
(blank)
From: Mark NikolaiTo: DPIPWE - Fisheries ReviewSubject: Abalone Fishery Plan Proposed AmendmentsDate: Saturday, 27 July 2019 6:33:29 PM
The TARFish Committee have reviewed the Proposed Amendments tothe Abalone Fishery Management Plan paper and provide the followingresponse.
TARFish rejects, on principle, the package of proposals that arecontained within the paper due to, what it believes, is a fundamentalbreakdown in the process that has been used to arrive at the suite ofproposals. TARFish believes there are valid components within theproposals worthy of consideration however without a strategic reviewprocess being undertaken believe the package of proposals, asreleased, is flawed.
TARFish became aware of the Abalone review proposal as far back asAugust 2017, through our involvement with the Recreational FishingAdvisory Committee (RecFAC). The context of the proposed review wasa “formal review of catch limits and introduction of a boat limit …” withthe stated outcome of a halving of the bag/possession limits for therecreational sector. TARFish considers having a departmental objectiveof having the bag/possession limits halved before a review hascommenced is a fundamental flaw in any process. A review processshould identify the issues, collect relevant data/information andcarefully consider proposed solutions to address key issues. In this casethe DPIPWE appear to have arrived at the solution/desired outcomebefore the review commenced.
TARFish’s response at the following RecFAC meeting was that thepreferred approach is to gather as much information as possible tojustify any proposed reductions.
Given we had concerns in relation to the review process we contactedthe DPIPWE in October seeking IMAS/DPIPWE advise re impacts onAbalone sustainability of a halving of the recreational bag/possessionlimits given no formal advice had been forthcoming to TARFish. WhatTARFish was being told in Abalone meetings over the period did notalign with what DPIPWE were indicating as justifications for such drasticaction on bag/possession limit reductions, considering the recreationalsector catches 20 tonne per annum out of a total of 1333 tonne state-wide total allowable catch for 2019. The IMAS advice we requested inOctober was received one week before public submissions closed on 28July. To our knowledge the advice we received has not been put intothe public domain by the DPIPWE thereby those members of the publicwho submit responses have not been provided with all relevant materialin preparing and submitting their input into the review.
It should be noted that the DPIPWE have not formally requested ouradvice on any of the proposed amendments before they were released
Attachment 3: TARFISH Submission
into the public domain on the 28th June, even though we requested onnumerous occasions details on the status of the review. This isdisappointing given TARFish is the government recognised peak bodyfor recreational marine fishers in Tasmania. Whilst we were aware of apotential review commencing sometime after August 2017 we were notkept informed over that period as to its progress and contents, hencewhy we have provided no formal advice outside the public submissionprocess. There is no question that the Abalone fishery has major challengesmoving forward and TARFish remains committed to working with allstakeholders on achieving a sustainable fishery in the future. There isno doubt that localised depletion is an issue given the unique biologicalcharacteristics of Abalone however proposed implementation of state-wide measures, i.e. bag limit reductions, to address localised issues is afundamental flaw when there are alternative measures that caneffectively target degraded bays, reefs and areas of coastline. Give the DPIPWE appear to be on a strategy for the recreationalAbalone fishery which excludes the fundamental acceptance of thevalue of recreational abalone fishing across the state it would appearthat a process to determine a resource sharing arrangement betweenthe recreational and commercial sectors is now warranted. It should beon the same principles as are in place for rock lobster, i.e. 10% of theannual Total Allowance Catch for Abalone or a minimum of 133 tonnesper annum, whichever is the greatest. This basis has been implementedin the Rock Lobster fishery for over a decade and the time has come toimplement for the Abalone Fishery to ensure the recreational Abaloneexperience is not continually eroded over time. TARFish requests that the DPIPWE recommence the Abalone Reviewand instigate a formal, structured Abalone review process whichprovides stakeholders with:
valid and justifiable reasons for all proposed amendmentsa review that does not have stated outcomes before the reviewcommencesprovision of all relevant information to all stakeholders so thatinformed feedback can be provided as part of the decision makingprocessimplementation of a monitoring and evaluation process to measurethe effectiveness of all implemented changes for at least 3 yearspost implementationformally engage with relevant peak bodies during the reviewprocess as part of a broader co-management arrangement for thefishery, andimplementation of an equitable resource sharing model which isbased on the same arrangements in the Rock Lobster fishery.
Regards
Mark NikolaiChief Executive OfficerTARFishTasmanian Association for Recreational Fishing Inc.GPO Box 2198, HOBART 7001Office 1300 665 225, Mobile 0403 868 004Web: www.tarfish.org This email and any files transmitted with it are confidential and intended solely for the use of theindividual or entity to whom they are addressed. If you have received this email in error please notifythe sender. Please note that any views or opinions presented in this email are solely those of theauthor and do not necessarily represent those of the association. Finally, the recipient should checkthis email and any attachments for the presence of viruses. The association accepts no liability forany damage caused by any virus transmitted by this email.
38
Attachment 4: TACL Submission
39 Report to the Minister on Proposed Alterations to the Abalone Fishery Management Plan
40
Department of Primary Industries, Parks, Water and Environment
Wild Fisheries Management Branch
Phone: (03) 6165 3047
Email: [email protected]
Website: www.fishing.tas.gov.au/abalone-review